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Privacy Statement

Clark Europe GmbH Privacy Statement

(Issue 06/2018)

We as Clark Europe GmbH are delighted by your visit to our website as well as your interest in our company and our products. We take the protection of your data seriously and want you to feel comfortable visiting our website. This privacy statement applies to the processing of personal data that takes place in accordance with the provisions of the General Data Protection Regulation (hereinafter referred to as "GDPR") and the German Federal Data Protection Act (hereinafter referred to as "BDSG"). Our website may contain links to websites of other providers, to which this privacy statement does not extend.

I. Definitions

This privacy statement is based on the terms of Art. 4 GDPR. To aid transparency and comprehensibility, we would first like to inform you about the terminology used:

1. “Personal data”

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"). A natural person is considered to be identifiable who, directly or indirectly, in particular by association with an identifier such as a name, can be identified by an identification number, location data, an online identifier or one or more special features that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.

2. “Data subject”

A data subject is any identified or identifiable natural person whose personal data is processed by the controller.

3. “Processing”

Processing means any process or series of operations, with or without the aid of automated procedures, related to personal data, such as collecting, capturing, organising, arranging, storing, adapting or modifying, reading, checking, using, disclosure by submission, dissemination or other form of provision, reconciliation or association, restriction, deletion or destruction.

4. “Processing restriction”

Processing restriction is the marking of stored personal data with the aim of limiting its future processing.

5. "Controller or data controller”

The controller or data controller is the natural or legal person, public authority, agency or other body that, alone or in conjunction with others, decides on the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union law or the law of the member states, the controller or the specific criteria for his designation may be provided for under Union or member state law.

6. 'Processor'

The processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.

7. “Third party”

A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons authorised under the direct responsibility of the controller or the processor to process the personal data.

8. “Consent”

Consent is any act of volition voluntarily given by the data subject for the particular case, in an informed and unambiguous manner, in the form of a statement or other unambiguous confirmatory act whereby the data subject indicates that they agree to the processing of their personal data.

9. “Profiling”

Profiling is any kind of automated processing of personal data that consists in using this personal information to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects relating to work performance, economic situation, health, personal preferences, interests, reliability, behaviour, whereabouts or relocation of that natural person.

II. Data processing controller and data protection officer

If you have any questions regarding the processing of your personal data and the assertion of your rights under para. V., please contact your data processing controller or our data protection officer.

When you visit our website, by default our web servers store information that is automatically sent to us by your web browser. This information is stored in a log file. In this context, the following information is stored:

The processing of your IP address is based on the legal premise of Art. 6 para. 1 sentence 1 lit. f) GDPR. Both the purpose of this processing and our legitimate interest arise from ensuring a smooth connection setup, enjoyable use of our website and for reasons of system security and stability. The above-mentioned log data will be kept for a maximum of 9 weeks. The IP addresses of the caller in the log files are automatically anonymised after 7 days with an 'x'.

2. Use of Cookies

We use cookies to make our website more user-friendly.

Cookies are small text files that your browser automatically creates and that are stored and saved on your device when you visit our website. Cookies do not harm your device, do not contain viruses, Trojans or other malicious software.

The cookie stores items of information, each resulting in connection with the specific device used.

However, this does not mean that we are immediately aware of your identity.

This website uses the following types of cookies, the scope and operation of which are explained below:

a) Transient cookies are automatically deleted when you close the browser. These include in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This allows us to recognise that you have visited individual pages of our website. The session cookies are deleted when you log out or close the browser.

b) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time. These cookies enable us to automatically recognise you when you revisit our website. In addition, these cookies do not require you to re-enter any input or settings you have made. We use persistent cookies to statistically record the use of our website and to evaluate it for the purpose of optimising our offer.

Of course, you can also view our website without cookies. Most browsers accept cookies automatically. You can prevent the storage of cookies on your device by selecting *Do not accept cookies* in your browser settings. For how this works in detail, please refer to the instructions of your browser. On your device, you can delete previously set cookies at any time. If you do not accept cookies, however, this may result in functional restrictions of our offers.

The data processed by cookies is required for the purposes mentioned above for the protection of our legitimate interests under Art. 6 para. 1 sentence 1 lit. f) GDPR.

3. Data Processing in the Context of a Device and Spare Parts Inquiry

On our website, we provide the option of making a truck or spare parts inquiry by completing a form. The personal data transmitted here are your name, company name, your address and your email address.

The processing of data for the purpose of requesting a truck or spare parts inquiry is to initiate a contractual relationship in accordance with Art. 6 para. 1 sentence 1 lit. b) GDPR and Art. 6 para. 1 sentence 1 lit. a) GDPR based on your voluntarily granted consent.

Your personal data will be passed on to our distributors, who are responsible for the distribution of the truck or spare part you requested. They will contact you as soon as possible to fulfil your request. By completing the appropriate forms, you also confirm your consent to the distribution of your information to our distributors. Additional information on the disclosure of your personal data can be found under Para. III. 13.

4. Data Processing for Contact Requests

We provide you the option of contacting us via a form on the website.

You must provide a valid email address so that we know who the request came from and to answer it. Further information can be provided voluntarily.

The data processing for the purpose of contacting us is in accordance with Art. 6 para. 1 p. 1 lit. a) GDPR based on your voluntarily consent.

The personal data collected by us for the use of the contact form will be automatically deleted after completion of the request made by you.

5. Data Processing for the Dealer Portal.

We provide you with the option of registering in a dealer portal.

If you would like to use our dealer portal, you must make an access request at http://www.clarkmheu-portal.com/login.php by providing your contact and customer data (name, company, dealer number, telephone, email address and your message). When you register to use the dealer portal, we save the above data. We will also save any voluntary data you may provide for the time you use the portal, unless you delete it before. Registration in the dealer portal is based on your login data at http://www.clarkmheu-portal.com/login.php. You can delete your dealer portal account at any time by sending an email to . Your data stored by using the dealer portal will be deleted in this case.

In the context of the initiation or the execution of contracts concluded with you, we process the personal data provided by you. To process the orders, we process your personal data by passing it on to third parties. If necessary, we will provide your address, email address or telephone number to coordinate a delivery date with the contractor.

The processing of this data is carried out for the purpose of contract execution and initiation. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b) GDPR or, in the case of your explicit consent, Art. 6 para. 1 sentence 1 lit. a) GDPR.

8. Data Processing for Dealer Application to the Distribution Partner

On our website, we provide the option of including you as a distribution partner in our team. We provide you with a dealer application under the following link, which must be filled out and returned to us

If a distribution contract is concluded, the personal data transmitted is stored for the purpose of processing in compliance with statutory provisions. If no distribution contract is concluded, the personal data transmitted with the dealer application will be deleted after notification of the decision, if there is no conflict with statutory storage obligations or other legitimate interests of the controller.

We process personal data of applicants for the purpose of processing the application. This processing can also be done electronically. This is especially the case if an applicant submits application documents by electronic means, for example by email to us or if postal applications are later recorded in our computer systems. Open vacancies can be found under the heading "Career" on our website. If a contract of employment is concluded with an applicant, the personal data transmitted will be stored for the purpose of the employment relationship in compliance with legal requirements. If the controller does not conclude a contract of employment with the applicant, the application documents will be deleted after notification of the rejection decision, provided that deletion does not conflict with any other legitimate interests of the controller. Other legitimate interests in this sense could include, for example, a burden of proof in a procedure under the General Equalities Act (AGG).

On our website we use maps from Google Maps to present a site map. Google Maps is provided by Google LLC. (hereinafter referred to as "Google"), 1600 Amphitheater Parkway, Mountain View, CA 94043 USA. Google Maps Terms of Service can be found here: https://www.google.com/intl/en_US/help/terms_maps.html.

On our website, we use web fonts provided by Google for the uniform representation of fonts. To do this, the browser you use must connect to Google's servers. As a result, Google learns that our website has been accessed via your IP address. We use Google web fonts to present our online services in a consistent and attractive manner. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 sentence 1 lit. f) GDPR.

If your browser does not support web fonts, a standard font will be used by your device.

12. Data Processing through Use of Matamo Web Analytics Service (formerly PIWIK)

We use the Matomo web analytics service on our website. This is a web analytics service provided by InnoCraft Ltd., 150 Willis St, 6011 Wellington, New Zealand. Through the use of Matomo, based on our legitimate interest in the statistical analysis of user behaviour, data is collected and stored for optimisation and marketing purposes pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR. From this data, pseudonymised usage profiles can be created and evaluated for the same purpose. Matomo uses cookies for this analysis.

The information generated by the cookies, such as the time, place and frequency of your website visit, including your IP address, are transmitted to our server and stored there. Your IP address will be immediately anonymised during this process so that you remain anonymous to us as a user.

The information generated by the cookies about your use of this website will not be disclosed to third parties.

You can prevent the installation of cookies by setting your browser software accordingly; however, in this case you may not be able to fully use all functions of our website.

If you do not agree to the storage and use of your data, you can disable storage and usage here. In this case, an opt-out cookie will be deposited in your browser that prevents Matomo from saving usage data. Deleting your cookies will also result in the deletion of the Matomo opt-out cookie. The opt-out must be reactivated when you visit our site again.

Here you can decide whether a unique web analytics cookie may be placed in your browser to allow the operator of the website to collect and analyse various statistical data.

13. Transfer of Personal Data

Your personal data will only be passed on to third parties if:

- You have given your explicit consent to this pursuant to Art. 6 para. 1 sentence 1 lit. a) GDPR

- disclosure pursuant to Art. 6 para. 1 sentence 1 lit. f) GDPR is required to assert, exercise or defend legal claims and there is no reason to assume that you have a predominantly legitimate interest in not disclosing your data,

- if disclosure pursuant to Art. 6 para. 1 sentence 1 lit. c) GDPR is a legal obligation, and is

- permitted by law and pursuant to Art. 6 para. 1 sentence 1 lit. b) GDPR is required for the settlement of contractual relationships with you.

IV. Deletion of Personal Data

Your personal data will be stored by us only if it is needed for the purposes for which it has been collected.

However, deletion will only take place only insofar as no statutory storage requirements preclude it. In addition, you have the right to deletion at any time according to para. V. 4. if the legal requirements are met.

V. Data Subject Rights

To assert your data subject rights, if the respective legal requirements are met, you can approach either us as the controller or our data protection officer by using the contact options listed under Para. II.

1. Right to Information

According to Art. 15 (1) GDPR you have the right to information about your personal data processed by us. Upon request, we will inform you as soon as possible and in writing whether and what personal data about you is stored with us. In particular, you can provide information on the processing purposes, the category of personal data, the categories of recipients to whom your data has been disclosed, the planned retention period, the right to rectification, deletion, limitation of processing or opposition, the existence of a right to complain, the source of your data, if it was not collected from us, as well as the existence of an automated decision-making including profiling and, if necessary, meaningful information about the details.

2. Right to Receive a Copy

According to Art. 15 para. 3 GDPR, you have the right to demand a free copy of all personal data processed that concerns you. For additional copies, a reasonable fee may be charged. The right to receive a copy may not affect the freedoms of others. The right to receive a copy may be precluded by trade secrets and intellectual property rights of third parties.

3. Right to Rectification

According to Art. 16 GDPR you have the right to immediately request the correction of incorrect or the completion of your personal data stored with us.

4. Right to Deletion

According to Art. 17 GDPR, you have the right to demand the deletion of your personal data stored with us, unless the processing is required for the exercise of the right to freedom of expression and information, for the fulfilment of a legal obligation, for reasons of public interest or for assertion, exercise or defence of legal rights.

5. Right to Restriction of Processing

According to Art. 18 GDPR you have the right to demand the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, however you reject its deletion and we no longer need the data, but you require it to assert, exercise or defend legal claims or you have objected to the processing pursuant to Art. 21 GDPR.

6. Right to Data Portability

According to Art. 20 GDPR, you have the right to receive the personal data you have provided to us in a structured, common and machine-readable format or to request transmission to another controller.

7. Right to Revoke Consent

According to Art. 7 (3) GDPR, you have the right to revoke your consent at any time with us. As a result, we are no longer allowed to continue data processing based on this consent in future.

8. Right to Complain to the Supervisory Authority

According to Art. 77 GDPR, you have the right to complain to a supervisory authority if you believe that the processing of your personal data violates any applicable legal provisions. As a rule, you can contact the supervisory authority of your usual place of residence or work place.

9. Right to Objection

If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f. GDPR, you have the right to file an objection against the processing of your personal data in accordance with Art. 21 GDPR, provided that there are reasons for this arising from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which is implemented by us without specifying any particular situation.

If you would like to exercise your right of revocation or objection, please send an email to or .

VI. Security

We use technical and organisational security measures to protect your personal data that we process against manipulation, loss, destruction and access by unauthorised persons.

Our security measures are continuously improved in line with technological developments. However, Internet-based data transmissions can have security flaws, so we cannot guarantee absolute protection. You are therefore free to submit your personal data to us in alternative ways, for example by telephone.